International Law and Civil Wars

Intervention and Consent

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Author: Eliav Lieblich

Publisher: Routledge

ISBN: 0415507901

Category: History

Page: 286

View: 5224

This book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention. In modern international law, it is a near consensus that no state can use force against another - the main exceptions being self-defence and actions mandated by a UN Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. Although the latter exception is of increasing importance, the numerous questions it raises have received scant attention in the current body of literature. This volume fills this gap by analyzing the consent-exception in a wide context, and attempting to delineate its limits, including cases in which government consent power is not only negated, but might be transferred to opposition groups. The book also discusses the concept of consensual intervention in contemporary international law, in juxtaposition to traditional legal doctrines. It traces the development of law in this context by drawing from historical examples such as the Spanish Civil War, as well as recent cases such those of the Democratic Republic of the Congo, Somalia, Libya, and Syria. This book will be of much interest to students of international law, civil wars, the Responsibility to Protect, war and conflict studies, and IR in general.

International Law

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Author: Malcolm N. Shaw

Publisher: Cambridge University Press

ISBN: 9781139438643

Category: Law

Page: N.A

View: 4223

This fifth edition of Malcolm Shaw's bestselling textbook on international law provides a clear, authoritative and comprehensive introduction to the subject, fully revised and updated to Spring 2003. Basically preserving the structure which made the previous edition so successful, a new chapter on Inter-state Courts and Tribunals considers the role of the International Court of Justice and the International Tribunal on the Law of the Sea, and there is a new chapter on international humanitarian law. Also examined are arbitration tribunals and the role of international institutions such as the WTO in resolving conflicts. The prosecution of individuals for violations of international law is examined. Additional coverage of events in Kosovo and Iraq analyses the questions of humanitarian intervention and the role of the UN. Written in a clear and accessible style, setting the subject firmly in the context of world politics and the economic and cultural influences affecting it, this book remains a highly readable and invaluable resource for students and practitioners alike. The scope of the text makes this essential reading for students of international law, international relations and the political sciences. The book is also valuable to professionals and governmental and international civil servants.

The International Law of Civil War

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Author: Quincy Wright,Richard A. Falk

Publisher: Lawbook Exchange Limited

ISBN: 9781584777212

Category: Law

Page: 452

View: 9883

Originally published: Baltimore: Johns Hopkins Press, [1971]

International Law and Diplomacy in the Libyan Civil War

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Author: Stefan Talmon

Publisher: Oxford University Press, USA

ISBN: 9780198702368

Category: Law

Page: 300

View: 6674

The Libyan civil war presented questions for international law and diplomacy never encountered before in a non-international armed conflict. Alongside problems common to civil wars in general, such as recognition of the contesting parties, access to state property abroad, and non-intervention, the Libyan conflict contained several unique aspects: the elaborate UN, US, and EU sanctions regime and its effect on Libya's sovereign wealth fund (the Libyan Investment Authority), the referral of the situation in Libya to the International Criminal Court, and the open calls for regime change. These elements raised complex and unique political and international law issues. Adopting a similar approach to Norman J. Padelford's seminal 1939 book, International Law and Diplomacy in the Spanish Civil Strife, this book presents thirty case studies, providing a detailed legal assessment of each of the key issues of international law and diplomacy raised by the conflict. It focuses on the practical legal problems with which government legal advisers and diplomats were concerned during the civil war, many of which have received little public attention. The book also includes an overview of the Libyan civil conflict as a whole, and a public international law obituary of Muammar Qadhafi, which examines his most prominent actions and their impact on international law. The book also investigates how the Libyan civil war was utilized as a laboratory for the testing of the new 'responsibility to protect' doctrine, raised in deliberations among the United Nations Security Council members. For the first time, the Security Council authorized states to get involved in a civil war and to use 'all necessary measures' to enforce a no-fly zone and to protect civilians and civilian populated areas under threat of attack. This book is important reading for scholars, students, and practitioners concerned with the interaction between law and diplomacy in times of armed conflict

War and the Law of Nations

A General History

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Author: Stephen C. Neff

Publisher: Cambridge University Press

ISBN: 9780521662055

Category: History

Page: 443

View: 9440

This 2005 volume is a history of war, from an international law perspective, from Roman times to the present.

The Thin Justice of International Law

A Moral Reckoning of the Law of Nations

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Author: Steven R. Ratner

Publisher: OUP Oxford

ISBN: 0191009113

Category: Law

Page: 500

View: 2166

In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.

The Human Dimension of International Law

Selected Papers of Antonio Cassese

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Author: Antonio Cassese

Publisher: Oxford University Press

ISBN: 0199232911

Category: Law

Page: 539

View: 5889

This volume collects the most important papers of Antonio Cassese, one of the pre-eminent figures in international criminal justice. The papers offer the definitive statement of Cassese's thought, and a unique insight into some of the key developments in modern international law.

International Law Reports

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Author: Elihu Lauterpacht,Christopher J. Greenwood,A. G Oppenheimer

Publisher: Cambridge University Press

ISBN: 0521879205

Category: Law

Page: 830

View: 3673

Reports in English on decisions of international courts and arbitrators and judgments of national courts.

Non-International Armed Conflicts in International Law

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Author: Yoram Dinstein

Publisher: Cambridge University Press

ISBN: 1316061507

Category: Law

Page: N.A

View: 6584

This dispassionate analysis of the legal implications of non-international armed conflicts explores the rules regulating the conduct of internal hostilities, as well as the consequences of intervention by foreign States, the role of the Security Council, the effects of recognition, State responsibility for wrongdoing by both Governments and insurgents, the interface with the law of human rights and the notion of war crimes. The author addresses both conceptual and specific issues, such as the complexities of 'failing' States or the recruitment and use of child soldiers. He makes use of the extensive case law of international courts and tribunals, in order to identify and set out customary international law. Much attention is also given to the contents of available treaty texts (primarily, the Geneva Conventions, Additional Protocol II and the Rome Statute of the International Criminal Court): what they contain and what they omit.

International Law and Diplomacy of the Spanish-American War

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Author: Elbert Jay Benton

Publisher: The Lawbook Exchange, Ltd.

ISBN: 158477665X

Category: History

Page: 300

View: 7628

This is a most curious work as it offers an analysis that now seems frozen in amber. Drawing on the example of Le Fur's Etude sur la Guerre Hispano-Americaine de 1898, Envisagee au Point de Vue du Droit International Public (1899) and similar studies, Benton set out to provide an exploration of Spanish-American relations prior to and during the war. This work is critical, but it leans heavily toward a pro-American point of view. He concludes, for instance, that American military and diplomatic objectives were achieved to varying degrees, that at the end of the conflict Cuba was granted complete sovereignty, and that the treaty of peace was fulfilled. Most curiously for the modern scholar, he ends with the recognition that "the occasion of the recent intervention provided for in the Platt Amendment is outside the scope of this work" (291). Benton was a professor of History at Western Reserve University.

Jenseits der Menschenrechte

Die Rechtsstellung des Individuums im Völkerrecht

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Author: Anne Peters

Publisher: Mohr Siebeck

ISBN: 9783161527494

Category: Law

Page: 559

View: 9150

Grundthese des Buches ist, dass ein Paradigmenwechsel stattgefunden hat, der den Menschen zum primaren Volkerrechtssubjekt macht. Diese These wird vor dem Hintergrund der Ideengeschichte und Dogmatik der Volkerrechtspersonlichkeit des Menschen entfaltet und auf die Rechtspraxis in zahlreichen Teilrechtsgebieten, angefangen vom Recht der internationalen Verantwortung uber das Recht des bewaffneten Konflikts, das Recht der Katastrophenhilfe, das internationale Strafrecht, das internationale Umweltrecht, das Konsularrecht und das Recht des diplomatischen Schutzes, das internationale Arbeitsrecht, das Fluchtlingsrecht bis hin zum internationalen Investitionsschutzrecht gestutzt. Der neue Volkerrechtsstatus des Menschen wird mit dem Begriff des subjektiven internationalen Rechts auf den Punkt gebracht.

Justice in Blue and Gray

A Legal History of the Civil War

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Author: Stephen C. Neff

Publisher: Harvard University Press

ISBN: 9780674054363

Category: History

Page: 360

View: 5083

Stephen Neff offers the first comprehensive study of the wide range of legal issues arising from the American Civil War, many of which resonate in debates to this day. Neff examines the lawfulness of secession, executive and legislative governmental powers, and laws governing the conduct of war. Whether the United States acted as a sovereign or a belligerent had legal consequences, including treating Confederates as rebellious citizens or foreign nationals in war. Property questions played a key role, especially when it came to the process of emancipation. Executive detentions and trials by military commissions tested civil liberties, and the end of the war produced a raft of issues on the status of the Southern states, the legality of Confederate acts, clemency, and compensation. A compelling aspect of the book is the inclusion of international law, as Neff situates the conflict within the general laws of war and details neutrality issues, where the Civil War broke important new legal ground. This book not only provides an accessible and informative legal portrait of this critical period but also illuminates how legal issues arise in a time of crisis, what impact they have, and how courts attempt to resolve them.

International Law and the Use of Force

Beyond the U.N. Charter Paradigm

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Author: Anthony Clark Arend,Robert J. Beck

Publisher: Routledge

ISBN: 1136143726

Category: Political Science

Page: 288

View: 9216

When the United Nations Charter was adopted in 1945, states established a legal `paradigm' for regulating the recourse to armed force. In the years since then, however, significant developments have challenged the paradigm's validity, causing a `pardigmatic shift'. International Law and the Use of Force traces this shift and explores its implications for contemporary international law and practice.

Political Violence and the International Community

Developments in International Law and Policy

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Author: Kirsti Samuels

Publisher: BRILL

ISBN: 1571053743

Category: Political Science

Page: 450

View: 9675

Are civil conflicts and coups d'etat matters of international concern, or questions of national interest only? How can the increasingly common practice of condemnation and intervention by the United Nations and individual States into situations of extreme political violence be understood? Will civil conflict one day be considered illegal under international law, in the same way as international war? Offering a penetrating analysis that unpacks the relationships between political violence, international policy and international law, and explores international practice in more than 30 civil conflicts, this book challenges many assumptions we hold about the dividingline between domestic and international affairs, whether democracy is an international norm, and how long the international community is prepared to sit on the sidelines and allow ruthless political violence to determine political leadership in nations. This book fills an important void andcaptures the complexities and tensions inherent in an area where practice has moved faster than theory, and pragmatism clashes with idealism.

International Responsibility for Hostile Acts of Private Persons against Foreign States

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Author: Manuel R. García-Mora

Publisher: Springer Science & Business Media

ISBN: 9401507228

Category: Law

Page: 207

View: 4507

Mankind's preoccupation with survival in this age has given renewed impetus to the idea of a world community deeply concerned with the prevention of friction between nations. The achievement to date has been largely in terms of efforts to control acts of aggression committed by governments. Most people have assumed that the military rivalry between the great powers is the only threat confronting the world today. While readily conceding that this threat has placed mankind in a highly precarious situation, this book, on the other hand, reflects my conviction that any program designed to attain world peace will be significantly incomplete without the control of hostile actions which private persons have been known to commit against foreign nations. Experience shows that these actions not only endanger the good re lations between states, but are also likely to plunge the world com munity into wars, thus spreading destruction and human suffering everywhere.

International Law and the Use of Force

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Author: Christine D. Gray

Publisher: Oxford University Press on Demand

ISBN: 0199239142

Category: Law

Page: 455

View: 6684

This fully revised and updated second edition of International Law and the Use of Force explores the whole of the large and controversial subject of the use of force in international law- not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the growing importance of regional organizations in the maintenance of international peace and security.